Terms & Conditions of Use
Content, Copyrights and Trademarks
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to UMUSIC HOTELS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless otherwise indicated, all names, logos, trademarks, service marks, trade dress and trade names are proprietary or licensed to UMUSIC HOTELS or its affiliates in the United States and other countries and may not be used by anyone for any purpose without UMUSIC HOTELS’ (or their respective owner’s) prior express written consent. All product names, logos, brands, trademarks and registered trademarks are property of their respective owners.
Reservations and Purchases
Unless otherwise indicated, the rates and prices listed on the Site are provided by the individual hotels, venues, event organizers or suppliers of products, tickets or services (collectively, “Suppliers”) and may be represented in their local currency. Your payments to Suppliers on this site are matters to be resolved solely between you and the Supplier, and UMUSIC HOTELS does not assume any liability nor will be involved in disputes between you and a Supplier. UMUSIC HOTELS and any Suppliers may change price and availability of rooms, tickets, products or services listed on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date, and UMUSIC HOTELS makes no commitment to update the materials on the Site with respect to such products and services. Some rates and prices have special eligibility requirements such as loyalty program or other program memberships. It is your responsibility to verify that you qualify for the rate or price that you have selected. Suppliers are not obligated to honor rates if you do not qualify.
You agree not to use the information on the Site to advertise or solicit anyone to buy or sell any products or services, and will only make reservations or purchases for use by you and your invited guests only, and not for other purposes such as commercial assignment or resale. You may not resell any hotel rooms booked through the Site, or any tickets or other products or services purchased through the Site. You may not make speculative, false or fraudulent reservations or purchases, or reservations or purchases in anticipation of demand.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account, including as a result of your failing to keep this information secure and confidential. You agree to notify UMUSIC HOTELS immediately of any unauthorized use of your account or password, or any other breach of security.
Links to Other Sites and to the UMUSIC HOTELS Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Site visitors. UMUSIC HOTELS does not control and is not responsible for the content or privacy policies, on, or the security of, such Linked Sites. UMUSIC HOTELS specifically disclaims any responsibility if such Linked Sites infringe any third party’s intellectual property rights; are inaccurate, incomplete, or misleading; do not provide adequate security and privacy; contain viruses or other items of a destructive nature; or are libelous or defamatory. Further, UMUSIC HOTELS does not endorse the content or any products or services available on such Linked Sites. If you establish a link to such Linked Sites, you do so at your own risk and will need to make your own independent judgment regarding your interaction with these Linked Sites. UMUSIC HOTELS reserves the right to disable links from any third party sites to the Site.
UMUSIC HOTELS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT, SERVICE, PRODUCT, MATERIAL OR FEATURE OF OR AVAILABLE THROUGH THE SITE WILL BE ACCURATE, CORECT, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, PRDUCTS OR SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT, AND ANY PRODUCTS OR SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS UNLESS OTHRWISE NOTED. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. UMUSIC HOTELS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UMUSIC HOTELS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UMUSIC HOTELS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES AND AGREE THAT SUCH USE IS AT YOUR OWN RISK. YOUR SOLE REMEDY AGAINST UMUSIC HOTELS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. In the event UMUSIC HOTELS is held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. UMUSIC HOTELS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against UMUSIC HOTELS with respect to such sites and third party content.
UMUSIC HOTELS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability and Release
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UMUSIC HOTELS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, PRODUCTS OR INFORMATION, WHETHER OR NOT UMUSIC HOTELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL UMUSIC HOTELS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES AND/OR SUPPLIERS OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Florida, United States of America without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Miami-Dade County, Florida, and waive any objection to such jurisdiction or venue. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
Void Where Prohibited
UMUSIC HOTELS administers and operates the Site from its location in Miami-Dade County, Florida. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use to you. UMUSIC HOTELS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
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